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  • Craig Trainor

The Tragedy of Acquitted Conduct Sentencing

Hands behind prison bars

Last year, a colleague and I tried a Racketeer Influenced and Corrupt Organizations Act (“RICO”) case in Brooklyn’s United States District Court for the Eastern District of New York. Given the avalanche of cooperator testimony and our client’s prior criminal convictions that constituted RICO predicate acts, the jury returned a verdict of guilty as to the racketeering and racketeering conspiracy counts in the indictment. This was not unexpected. We did, however, garner two victories.